High Court · 2025

Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 0007 of 2023, under sections 419,420,467,471,120B of I.P.C. and Section 3/9 of the U.P. Public Examination Act, 1998, Police Station- Bijnaur, District- Lucknow Southern (Commissionerate Lucknow). From perusal of the order sheet, it appears that on 18.12.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0007 of 2023, under sections 419,420,467,471,120B of I.P.C. and Section 3/9 of the U.P. Public Examination Act, 1998, Police Station- Bijnaur, District- Lucknow Southern (Commissionerate Lucknow). Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been planted by the police. He added that the applicant is in no way the beneficiary as the allegation is that the other co-accused namely, Mukesh Kumar was appearing on place of the applicant. He submits that the applicant was not arrested on spot and there is an acute apprehension that the police will arrest the applicant. He next added that identically situated co-accused, namely, Abhishek Kumar has already been enlarged on interim anticipatory bail in Criminal Misc. Anticipatory Bail Application No. 2724 of 2024 vide order dated 12.12.2024 passed by this Court and applicant is seeking parity of the same. He also submits that the applicant has no previous criminal history and he is a teacher as well as law abiding citizen and he undertakes that he will always cooperate in the investigation proceedings and therefore, submission is that the applicant may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant- Vikas Kumar Nirala, shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted, the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter in the 4th week of January,2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits." State counsel as well as the counsel for informant have failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Vikas Kumar Nirala till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 27.2.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 0007 of 2023, under sections 419,420,467,471,120B of I.P.C. and Section 3/9 of the U.P. Public Examination Act, 1998, Police Station- Bijnaur, District- Lucknow Southern (Commissionerate Lucknow). From perusal of the order sheet, it appears that on 18.12.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0007 of 2023, under sections 419,420,467,471,120B of I.P.C. and Section 3/9 of the U.P. Public Examination Act, 1998, Police Station- Bijnaur, District- Lucknow Southern (Commissionerate Lucknow). Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been planted by the police. He added that the applicant is in no way the beneficiary as the allegation is that the other co-accused namely, Mukesh Kumar was appearing on place of the applicant. He submits that the applicant was not arrested on spot and there is an acute apprehension that the police will arrest the applicant. He next added that identically situated co-accused, namely, Abhishek Kumar has already been enlarged on interim anticipatory bail in Criminal Misc. Anticipatory Bail Application No. 2724 of 2024 vide order dated 12.12.2024 passed by this Court and applicant is seeking parity of the same. He also submits that the applicant has no previous criminal history and he is a teacher as well as law abiding citizen and he undertakes that he will always cooperate in the investigation proceedings and therefore, submission is that the applicant may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant- Vikas Kumar Nirala, shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted, the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter in the 4th week of January,2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits." State counsel as well as the counsel for informant have failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Vikas Kumar Nirala till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 27.2.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench